Ifyou work over 40 hours, is your employer required to pay you overtime?

Asked on November 7, 2011 under Employment Labor Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Federal law (the Fair Standards Labor Act or "FSLA") requires that some employees be paid overtime when they work more than 40 hours a week.  The FLSA divides employees into categories: exempt and non-exempt. Exempt workers are not protected by overtime laws (they are exempted from this law); “non-exempt,” are given legal protection under the law. 

So the question becomes, which type of employee are you? Since you gave no details of your situation here is the general breakdown: Exempt employees are typically executives, employees that have supervision over at least 2 other people; they are responsible for significant decision-making and/or they are proessionals (e.g. lawyer, accountant, etc); all other workers are non-exempt.

Bottom line - exempt employees are not entitled to overtime pay; non-exempt are entitled to 1 1/2 times their pay rate for any hours worked over 40 in a week.

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